IN THE MATTER OF PATRICK J. UNDERWOOD V BARBARA J. FIALA, NEW YORK STATE COMMISSIONER OF MOTOR VEHICLES AND ERIC T.
Motion No: CA 14-02175
Slip Opinion No: 2014 NY Slip Op 94600(U)
Decided on December 30, 2014
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


December 30, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-02175

IN THE MATTER OF PATRICK J. UNDERWOOD,

PETITIONER-RESPONDENT,

V

BARBARA J. FIALA, NEW YORK STATE COMMISSIONER OF MOTOR

VEHICLES, RESPONDENT-APPELLANT, AND ERIC T. SCHNEIDERMAN,

NEW YORK STATE ATTORNEY GENERAL, RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 3, 2014,

Now, upon reading and filing the affirmation of Jeffrey W. Lang, Esq., dated December 5, 2014, the notice of motion with proof of service thereof, and the affirmation of William G. Pixley, Esq., dated December 13, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellant shall perfect the appeal on or before March 11, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 30, 2014

Frances E. Cafarell, Clerk